General Terms and Conditions
GENERAL TERMS AND CONDITIONS
Updated December 4, 2023
These Terms and Conditions (“Terms and Conditions”) are a legal agreement between you and Smalls Sliders Franchising, LLC, Smalls Holding, LLC, Smalls Sliders IP, LLC, and their affiliates (collectively, “Smalls Sliders,” “we,” “our,” “us”) and govern your access to, and use of, of any Smalls Sliders website, mobile app, or other online service (each a “Service” and collectively, the “Services”). If you do not agree to these Terms and Conditions, then you should not access or use any of our Services.
This information is not intended as an offer to sell or the solicitation of an offer to buy a franchise. It is for information purposes only.
The offering is by prospectus only. Currently, the following states regulate the offer and sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota (File No. 11294), New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington and Wisconsin. If you are a resident of or want to locate a franchise in one of these states, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration and disclosure requirements in your state.
For New York Prospective Franchisees: This advertisement is not an offering. An offering can only be made by prospectus filed first with the Department of Law of the State of New York. Such filing does not constitute approval by the Department of Law.
For California Prospective Franchisees: THESE FRANCHISES HAVE BEEN REGISTERED UNDER THE FRANCHISE INVESTMENT LAW OF THE STATE OF CALIFORNIA. SUCH REGISTRATION DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY THE COMMISSIONER OF CORPORATIONS NOR A FINDING BY THE COMMISSIONER THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE, AND NOT MISLEADING.
AGREEMENT TO TERMS AND CONDITIONS BY USER
By using our Services, you acknowledge and accept without limitation or qualification these Terms and Conditions, any additional terms and conditions for each Service, the User Generated Terms and Conditions, the Cookie Policy, and the Privacy Policy (including any applicable state supplement), each of which is incorporated herein by reference.
We reserve the right to change, modify, amend, and/or update these Terms and Conditions at any time and in its sole discretion with or without prior notice. The changed, modified, amended, and/or updated Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of our Services. It is your responsibility to review these Terms and Conditions each time you use or access any portion of our Services, and at any time you are prompted to do so, for any changes we may make to these Terms and Conditions.
Each time you use our Services, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using our Services. By using our Services, you also accept that any prior agreements between you and Smalls Sliders regarding your use of our Services are hereby superseded.
In the event of a conflict between these Terms and Conditions and other, more specific terms and conditions that apply to other Services, the more specific terms and conditions of such other Service shall prevail with respect to such conflict. We reserve the right at any time to: modify, suspend, or discontinue the Services, and any content, feature, or product offered through the Services, with or without notice. You agree that Smalls Sliders shall not be liable to you or any third party for any modification, suspension, or discontinuance of any Services, content, feature, or products offered through the Services.
LINKS TO THIRD PARTY SITES
Our Services may contain links to other websites or mobile apps (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. We urge you to review any applicable terms and conditions and privacy policies of Linked Sites before use.
RESTRICTIONS ON USE
You should assume that everything you see or read on our Services is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions.
No material from any portion of our Services may be copied, reproduced, republished, uploaded, posted, transmitted, modified, incorporated, or distributed in any way, shape, or form without our prior written consent. All rights not expressly granted herein are reserved by us. The material on our Services is provided for lawful purposes only. No intellectual property rights are licensed or transferred to you through your use of our Services, but remain with Smalls Sliders, who owns full and complete title to all intellectual property in connection with our Services. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert our Services and any content thereon.
Linking, or any other manner of incorporating the whole or parts of our Services, including the framing of our Services by sites or site elements controlled by third parties, is strictly prohibited.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our Services, you warrant to Smalls Sliders that you will not use our Services for any purpose that is unlawful or prohibited by these Terms and Conditions in addition to any other applicable terms, conditions, policies, and notices. You may not our Services in any manner which could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services.
You need not register with Smalls Sliders to simply visit and view our Services and use many of our Services. However, we may from time to time require you to register for an account in order to access and use certain areas (which may be password-restricted) of our Services and to use certain materials offered on and through our Services. We shall have the right to approve or reject any requested account, in our sole discretion. If your account is approved, you will be permitted to log in to the applicable Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to such Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are solely responsible for all activities that occur using your username and password or your account.
PERMITTED USERS
Our Services are not intended for use by anyone under the age of 13. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE OUR SERVICES. By accessing, using, and/or submitting information to or through our Services, you represent that you are at least 13 years of age. Anyone between age thirteen (13) and eighteen (18) may only use our Services under the supervision of his/her/their parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
If you are under 18 years of age, you may use our Services only with involvement and oversight of a parent or guardian. We reserve the right to refuse service or cancel orders in its sole discretion.
COMMUNICATION SERVICES; SUBMISSIONS AND UNAUTHORIZED CONDUCT
Our Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Smalls Sliders, the public at large, or within a group (collectively, “Communication Services”). As used in these Terms and Conditions, the term Services shall include Communication Services. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to us through our Services, via the Communication Services or otherwise (each, a “Submission”), will forever be the property of Smalls Sliders, except as otherwise expressly stated by Smalls Sliders in connection with a specific Submission. We will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing, or submitting your Submission you acknowledge that you and not Smalls Sliders have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. Except as otherwise expressly stated by Smalls Sliders in connection with a specific Submission, anything you transmit or post becomes the property of Smalls Sliders and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may, in our sole discretion, remove any Submission at any time, for any reason, without notice to you.
We may from time to time monitor Submissions on our Services, including without limitation the Communication Services; however, we are under no obligation to do so. We assume no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on our Services, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SMALLS SLIDERS OR LAW ENFORCEMENT AUTHORITIES.
When using our Services and/or making a Submission, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity), unless you own or control the rights thereto or have received all necessary consents..
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our Services, or another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying our Services, or any part thereof.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We have no obligation to monitor, police, or remove any Submissions. However, we reserve the right in its sole discretion to gather, review, record, or remove any communication, electronic or otherwise, between you and Smalls Sliders and retaining any information and data that you submit while using our Services, or making a purchase from our Services as we deem appropriate and without notice. We reserve the right to terminate your access to any or all of our Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children on or through our Services. We do not control or endorse the content, messages, or information found in any Communication Service. Therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Smalls Sliders spokespersons, and their views do not necessarily reflect those of Smalls Sliders.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
USER GENERATED CONTENT
Any content you post to our Services or social media pages (“User Generated Content”), may be available to all users, and we cannot prevent such content from being used in a manner that violates these Terms and Conditions, the law, or your personal privacy. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described our Privacy Policy. All User Generated Content is subject to these Terms and Conditions and our Privacy Policy (including any applicable state-specific supplement), and User Generated Content Terms and Conditions.
By posting any User Generated Content, you grant Smalls Sliders and its licensees, assignees, and designees an irrevocable, assignable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, and publicly display your User Generated Content (in whole or in part), on our Services or elsewhere, and to use or incorporate all or any part of your User Generated Content into other advertising, promotion, research, analysis, or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property, or similar claims for any use of your User Generated Content.
IDEA SUBMISSIONS
Smalls Sliders and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to Smalls Sliders or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when Smalls Sliders products or marketing strategies might seem similar to ideas submitted to Smalls Sliders. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:
You agree that: (1) your Idea Submission(s) and their contents will automatically become the sole property of Smalls Sliders, without any compensation to you; (2) Smalls Sliders may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for Smalls Sliders to review or use Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.
LOYALTY PROGRAM
We may offer a loyalty program (“Loyalty Program”). Please refer to the any terms, conditions, policies, or notices specific to any such Loyalty Program for more information about the terms, conditions, and policies that apply to your registration and use of any such Loyalty Program.
PRODUCT FEEDBACK
We welcome your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you email it to us at [email protected]. Please provide only specific feedback on our existing products or marketing strategies. Any feedback you provide at this site shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
JURISDICTION
Except as described otherwise, all materials in our Services are made available only to provide information about Smalls Sliders. We, or our designee, control and operate our Services from our headquarters (currently located in Atlanta, Georgia, United States of America) and makes no representation that these materials are appropriate or available for use in other locations. If you use our Services from other locations you are responsible for compliance with applicable local laws.
DISCLAIMER/RESTRICTION OF LIABIILTY
Smalls Sliders will not be liable for any damages or injury caused by our Services, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMALLS SLIDERS AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SERVICES, WITH THE DELAY OR INABILITY TO USE OUR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SMALLS SLIDERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SERVICES.
The material, software, products, and services in our Services, or available through our Services, may include technical inaccuracies or typographical errors. We is not responsible if information made available on our Services is not accurate, complete, or current. The material on our Services is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on our Services is at your own risk. Our Services may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We may make changes or improvements to our Services at any time. ADVICE RECEIVED VIA OUR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SMALLS SLIDERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OUR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
SMALLS SLIDERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SMALLS SLIDERS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMALLS SLIDERS NEITHER WARRANTS NOR REPRESENTS YOUR USE OF MATERIALS DISPLAYED ON OUR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. SMALLS SLIDERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER(S) THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMALLS SLIDERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SMALLS SLIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Our Services contain downloadable materials as well as links to external websites. We are not responsible for, and has no control over, the content of such downloadable materials or external websites. The inclusion of any link to such websites does not imply endorsement by us of the websites. You understand that we cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through our Services, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.
EMPLOYMENT
Smalls Sliders and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. Smalls Sliders is an equal opportunity employer committed to a diverse workforce. Smalls Sliders independent franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Smalls Sliders and its affiliates, and their officers, directors, employees, contractors, agents, licensors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions and/or use of our Services. If you cause a technical disruption of our Services or the systems transmitting our Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
TERMINATION
Smalls Sliders or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Services, and (b) all related documentation and all copies and installations (together, the “Materials”). We reserve the right, in our sole discretion, to terminate this agreement, including your access to our Services or any portion thereof immediately and for any reason without notice to you. Upon termination, you must destroy all Materials.
MISCELLANEOUS
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law, and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of our Services. Use of our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smalls Sliders as a result of these Terms and Conditions or use of our Services. Our performance of this Terms and Conditions is subject to existing laws and legal process, and nothing contained in this Terms and Conditions is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our Services or information provided to or gathered by us with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein or agreed to by you, these Terms and Conditions, together with all other policies, guidelines, agreements, terms and conditions referenced herein, constitute the entire agreement between you and Smalls Sliders with respect to our Services. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our products and services, including without limitation our Services, are available in many parts of the world. However, our Services may describe products and services that are not available worldwide.
COPYRIGHT AND TRADEMARK INFORMATION
All trademarks used herein are owned by Smalls Sliders unless otherwise stated. All other third-party trademarks used on our Services are the property of their respective owners and used under license by Smalls Sliders. Any rights not expressly granted herein are reserved.
All contents of our Services are copyrighted by Smalls Sliders. All Rights Reserved.
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of our Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on any Site or App, please provide our designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the applicable Service, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for notice of claims of copyright or trademark infringement can be reached as follows:
Smalls Sliders IP, LLC
7000 Central Parkway, Suite 1100
Atlanta, GA 30328
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in its sole discretion, to terminate the account or access of any user of our Services who is the subject of repeated DMCA or other infringement notifications.
INQUIRIES
Please direct all inquiries related to these Terms and Conditions to:
Smalls Sliders Franchising, LLC
7000 Central Parkway, Suite 1100
Atlanta, GA 30328
[email protected]